purpose: “Spark a global conversation.” “See what people are talking about.” In Hague
v. C.I.O., the Court noted that public fora are “used for purposes of assembly,
communicating thoughts between citizens, and discussing public questions.” 307 U.S.
496, 515 (1939). As the Court noted in Packingham v. North Carolina, that is precisely
what social media platforms do. 137 S. Ct. at 1735‐36. Twitter is no exception.
III.
The dissent asserts that, while the President’s tweets are official speech, other
uses of the Account, such as blocking, somehow cause the Account to revert to a
personal account. The dissent goes on to insist the panel’s disaggregation of the
Account’s tweets and interactive space is “artificial” and that Twitter itself makes no
such distinction. Dissent at 8. This argument misunderstands how the platform
operates. Twitter accounts include a bundle of features. They come with every account
and are available to every Twitter user. Neither government officials nor anyone else is
able to individually tailor the features of their accounts. If one navigates to the “Twitter
Rules” webpage, a hyperlink at the top of the page labeled “Using Twitter”4 leads to the
following:
4
This page can be found at help.twitter.com/en/using‐twitter (last visited March 6, 2020).
12